Dallas Employment Lawyer - Keith Clouse

Keith Clouse
This website and all materials on it have been prepared by Clouse Dunn LLP for informational purposes only. These materials do not, and are not intended to, constitute legal advice.



Rejecting an Employee’s Rescission of Resignation May Be Adverse Action

December 13, 2015
To prove a retaliation case, an employee must establish that an employer took an “adverse employment action” against the employee after the employee complained of unlawful discrimination or harassment. To be considered adverse, the action must be harmful to the point that it could dissuade a reasonable employee from making or supporting a charge of discrimination. Recently and in light of th...

Fifth Circuit Reverses Summary Judgment for an Employer

December 06, 2015
The Fifth Circuit Court of Appeals recently reversed summary judgment for an employer in a retaliation case. Porter v. Houma Terrebonne Housing Auth. Bd. of Comm’rs, No. 14-31090 (5th Cir. Nov. 17, 2015), available at http://www.ca5.uscourts.gov/opinions/pub/14/14-31090-CV0.pdf. An employee informally complained that the employer’s executive director sexually harassed her. Later, she off...

Decking the Halls . . . At Work?

November 29, 2015
Dallas employment lawyer Keith Clouse assists companies with employment-related matters, including discrimination lawsuits. He also advises clients on policy matters and situation-specific issues to help his clients avert legal problems. Common issues that arise this time of year relate to holidays and holiday celebrations at work. Many companies like to start the holiday season by decoratin...

Injecting Creativity into a Separation Agreement

November 26, 2015
Dallas employment lawyer Keith Clouse regularly drafts separation agreements for senior executives. He notes that these agreements can differ widely in their terms. For example, while many contain similar basic terms, some may address non-monetary post-separation considerations, such as the making of a joint termination statement or a mutual non-disparagement clause. A departing executiv...

Risks an Employer Takes When It Refuses to Negotiate a Separation Agreement

November 25, 2015
Dallas employment lawyer Keith Clouse represents both executives and employers in employment-related matters, including the dissolution of employer-employee relationships. Mr. Clouse believes that, when navigating the end of an employment relationship, an employer must not take an overly confident stance that fails to acknowledge the risks inherent in refusing to negotiate with a departing e...

Dallas Executive Lawyer: Reasons an Employer May Balk at Negotiating

November 16, 2015
Dallas employment lawyer Keith Clouse represents both executives and employers in employment-related disputes. He notes that some employers believe that terminated executives stand at a significant disadvantage when negotiating separation agreements. This leads many employers to initially refuse to engage in post-employment negotiations with executives. An employer may decide to forego negot...

Expressing Thankfulness in the Workplace

November 15, 2015
Many employers will celebrate Thanksgiving in the workplace. But, in addition to a turkey lunch and the chance for employees to socialize, should an employer do anything else to express gratitude at work? Dallas employment lawyer Keith Clouse believes that an employer can avoid many employment-related problems by treating employees with respect. Showing gratitude is one way to demonstrat...

Parties’ Choice of Law Not Always Honored

November 09, 2015
Most people believe that courts will enforce any (legal) agreement just as the contracting parties intended. While this is usually correct, sometimes a court must follow legal doctrines that weigh against enforcing a contract as written. One such situation involves the parties’ choice of which state’s law will apply. A court will enforce the parties’ choice of law unless: (1) the c...

Fifth Circuit Rules in Non-Compete Matter

November 09, 2015
The Fifth Circuit Court of Appeals recently ruled in a non-compete matter. Cardoni v. Prosperity Bank, No. 14-20682 (5th Cir. Oct. 29, 2015), available at http://www.ca5.uscourts.gov/opinions/pub/14/14-20682-CV0.pdf. After a Texas-based bank acquired an Oklahoma-based bank, it entered into covenants not to compete, not to solicit, and not to disclose confidential information with k...

Dallas Employment Lawyer: Evidence Spoliation

November 01, 2015
Once a lawsuit is underway, and sometimes even before then, a party has a duty to preserve relevant evidence. Destroying evidence after this duty applies can result in serious court sanctions. Dallas employment lawyer Keith Clouse explains. In litigation, a party must provide the other party with requested documents, even if the documents reveal unfavorable information. For example...